WASHINGTON (AP) -- A gay Marine discharged after
 publicly declaring his homosexuality sued the government
 Tuesday, asserting violation of his constitutional
 rights to due process, equal protection and free
 speech.

 Encouraged by President Clinton's announced intention
 Jan. 29 to lift the ban on military service by
 homosexuals, Sgt. Justin Elzie told ABC News in an
 interview that day at Camp Lejeune, N.C., that he is
 gay, according to Elzie's lawsuit filed in U.S.
 District Court.

 Two weeks later, a Marine colonel informed Elzie that
 because of the remarks about his sexual orientation, he
 no longer would be allowed an honorable release from the
 Marines with full benefits -- which Elzie had been
 planning for since December of 1992.

 Elzie is seeking full reinstatement and an order from
 U.S. District Judge Stanley Sporkin declaring the
 discharge invalid. Elzie says that Marine Corps
 regulations don't authorize involuntary discharge solely
 on the basis of sexual orientation.

 In Elzie's 11-year Marine career, superiors have given
 him consistently high marks for recruiting, embassy
 guard work and as a supply officer, according to the
 lawsuit against Defense Secretary Les Aspin, Navy
 Secretary John Dalton and Marine Corps Commandant Gen.
 Carl Mundy.

 Elzie was selected Marine of the Year for the Third
 Medical Battalion and for the Third Force Service
 Support Group in 1989, says the lawsuit.

 Amid the flap over Elzie's remarks, the Marines offered
 him a voluntary separation, but with his benefits
 delayed pending final action by Clinton on the ban on
 homosexuals in the military.

 The 31-year-old Elzie rejected the offer. He needs the
 $25,000 in benefits so that he can go to college, said
 his lawyer, Lanny Breuer.

 A five-member Marine Corps board met this spring under
 Marine regulations which authorize discharge on grounds
 of homosexuality.

 Elzie argued that absent a showing that he had a
 propensity to engage in homosexual conduct, he could not
 be lawfully discharged. But the board -- while
 acknowledging that he had been an "exemplary Marine" --
 rejected his argument and recommended discharge.

 Elzie is now discharged from active duty, but still will
 technically be in the Marine Corps for the next 3 1/2
 weeks as a member of the standby reserves, said Breuer.

 A Marine Corps spokesman, Staff Sgt. Charles Luedke,
 said he wasn't awazre of the lawsuit and had no
 immediate comment. Defense Department spokesman, Air
 Force Lt. Col. P.J. Crowley, said it was premature to
 address the lawsuit, since it had just been filed.